HB 1613

1
A bill to be entitled
2An act for the relief of Monika Davis by the Palm Beach
3County School District; providing for the relief of Monika
4Davis by and through Mary Hall, her mother and legal
5guardian, for injuries and damages caused by the
6negligence of the Palm Beach County School District;
7providing for the use of funds; providing for attorney's
8fees and costs; providing an effective date.
9
10     WHEREAS, on September 22, 2000, Monika Davis, a mentally
11challenged, vulnerable adult female, was under the custody,
12care, and control of the Palm Beach County School District, and
13     WHEREAS, the Palm Beach County School District was
14obligated to provide continuous monitoring and supervision of
15Monika Davis throughout the entire school period, and the school
16district did, in fact, receive additional staff funding to carry
17out that obligation, and
18     WHEREAS, the school district was expressly aware that a
19male student who functioned at a higher mental level than Miss
20Davis had sexually assaulted and battered numerous other female
21students before he sexually battered Monika Davis, and the
22school district also was obligated to provide continuous
23monitoring and supervision of that male student throughout the
24entire school period and received additional funding for that
25purpose, and
26     WHEREAS, the Palm Beach County School District left both
27Monika Davis and the male student in an unsupervised classroom
28for an extended period of time, which resulted in the sexual
29battery of Monika Davis by the male student, and
30     WHEREAS, after 6 days of trial, a Palm Beach County jury
31returned a verdict finding that the school district's negligence
32was the legal cause of traumatic psychological injuries and
33damages suffered by Monika Davis, and
34     WHEREAS, a final judgment in the amount of $273,416.16 was
35entered by Judge Diana Lewis of the Fifteenth Judicial Circuit,
36and
37     WHEREAS, the Palm Beach County School District has
38satisfied $100,000 of the amount of that judgment, leaving an
39unpaid balance in the amount of $173,416.16, NOW, THEREFORE,
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  The facts stated in the preamble to this act
44are found and declared to be true.
45     Section 2.  The Palm Beach County School District is
46directed to compensate Monika Davis, by and through Mary Hall,
47her mother and legal guardian, in the amount of $173,416.16 for
48injuries and damages caused by the negligence of the Palm Beach
49County School District, such payment to be made in one lump sum
50out of funds of the school district's reserve account budgeted
51for such contingencies. After payment of statutory attorney's
52fees and costs, the balance shall be paid into the restricted
53guardianship account or the special needs trust account
54established for Monika Davis.
55     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.